The Canadian Government will launch its new Express Entry Immigration System on January 1, 2015. Immigration Lawyer Colin Singer, Managing Partner of Immigration.ca and Global Recruiters of Montreal (www.grnmontreal.com), shares insight into what potential immigrants and Canadian employers can expect.

How do you anticipate Express Entry will operate?

The Federal Skilled Worker Program, FSWP the largest component of Canada’s Economic Class previously functioned under a first in/first out, point based system that attempted to measure the potential “human capital” contribution of an immigrant to Canada.

Under the new Express Entry system, Canada’s Immigration Minister will promote an Employer Driven selection model by taking on a matching, facilitator approach to recruitment. Canada’s immigration department will become an online electronic interface between foreign national applicants and potential hiring employers in Canada.

Under Express Entry, qualified applicants across many occupations will be invited to submit their profile to an Express Entry Pool and to the Canada Job Bank.

Employers will be encouraged to review candidates with the highest ranking and provide a job offer to the candidate of their choice.

Applicants with an approved job offer or those selected by a province or with “Provincial Nomination” will be considered a “match” and will be invited to formally apply for Canadian permanent residence.

The profiles of the remaining applicants will be ranked for consideration without a “sponsor” or hiring employer. Using a point system according to a number of selection factors such as Age, Education, Language, Experience and other factors, the highest ranked candidates will be considered for their potential “human capital” contribution to Canada.

Immigration authorities will then decide which of the highest ranked applicants will be invited to apply for permanent residence. This will take place across applicable economic class programs, including the Federal Skilled Worker Program, the Skilled Trades Program the Canada Experience Class and other programs.

The 10 provinces and territories will retain autonomy to continue selecting immigrants under their immigration programs.

How long will this process take?

Applicants who are invited to apply for permanent residence will have 60-days to submit a full application. The government promises a selection decision in 6-months or less in most cases.

Applicants who receive a selection decision will then undergo medical and security formalities which could take another 6 months to conclude after a positive decision. Overall processing time will likely range 6-12 months for the majority of applicants.

Under Express Entry, will applicants be dependent on a job offer from a “sponsor” Canadian employer?

Annual levels for 2015 have been raised to between 260,000 – 285,000 which will represent Canada’s highest immigration levels in 5 years. From this level approximately 170,000 will comprise Economic Class immigrants and their dependants. A qualified job offer from an employer in Canada is a significant benefit but is not a requirement. The numbers of applicants who are expected to succeed in securing an approved job offer under Express Entry will likely be modest.

Will the Federal Skilled Worker Program continue under Express Entry?

The FSWP will continue to comprise the largest number of admissions to Canada.

Will Express Entry succeed?

As immigration lawyers and professionally licensed recruiters on behalf of Canadian employers, we believe that most small and mid-sized employers will be reluctant to take on the task of direct recruitment. Many employers will continue to rely on the services of skilled recruiters.

Employers with pressing hiring needs will unlikely wait a period of 6 months or longer for a candidate to begin employment.

The Canada Job Bank under the new Express Entry system may become a marginal or secondary source of potential candidates for recruiters. At best, this could account for a modest number of applicants selected by employers under the new system.

However for the remaining candidates without a job offer from a Canadian employer, immigration authorities will invite the highest ranked candidates to apply for permanent residence under the Federal Skilled Worker Program and other federal programs.

The Federal Skilled Worker Program will continue to represent the largest number of Economic Class immigrants to Canada with most being selected under the human capital contribution assessment approach.

Express Entry will succeed to the extent that the inventory of potential candidates and the processing of applications for permanent residence by the Canadian government will be easier to manage than previously.

How is immigration.ca positioned for Canada’s new Express Entry Immigration System?

We strongly believe that employment recruitment and individualized search consulting assistance is an important consideration for all immigrant applicants to Canada. In 2007, we acquired Global Recruiters of Montreal (www.grnmontreal.com) an independently owned franchise of Chicago based Global Recruiters Network. GRN Montreal provides search consulting expertise that applicants and employers require. For the past 7 years we have provided all our immigration clients with invaluable, search consulting services from our in-house trained recruiters. We believe our clients have the best chances to succeed in their immigration projects under the new Express Entry Immigration to Canada.

This question and answer article outlines the key issues involved in choosing an immigration lawyer.

There is no rule which says a candidate must hire a lawyer to successfully apply for Canadian permanent residency.

Many candidates apply and succeed on their own, while many who apply on their own face unnecessary delays or fail.

Taking a decision to apply for Canadian permanent residency is not done on a whim. It is a life-changing step made to improve the standard of living of an applicant and family members.

The process is costly, takes time and depends on the assessment of third-party officials who review and rate each case.

The review process needs full knowledge of rules and laws which are often revised. Policies and procedures change depending on the aims of the Canadian government of the day.

An immigration officer’s decision must consider an array of issues covered by volumes of government manuals, as well as ad hoc changes. These decisions are often challenged by lawyers and become the subject of volumes of reported case law.

The government encourages candidates to apply without a lawyer, but in reality a good lawyer protects an applicant’s rights.

The government acknowledges this:

“When lawyers and consultants present their clients’ cases in a clear and concise manner, processing is expedited and simplified.”Canadian Embassy in Moscow’s Guidelines for Representatives. October 28, 1996.

Studies also offer proof of higher approval rates for applicants with lawyers.

Part One: How CBA Immigration Lawyers Can Help – Spousal Sponsorship

Part Two: How CBA Immigration Lawyers Can Help – Cross Border Business

Part Three: How CBA Immigration Lawyers Can Help – Permanent Resident

A consultant is any person called on to give advice. A lawyer (attorney, barrister or solicitor) is licensed to perform legal functions. These may include:

Drafting documents,

Interpreting and applying laws,

Giving legal advice,

Representing clients in court.

The practice of law is regulated by each of the provinces. A lawyer must have the following credentials:

Bachelor of law degree from recognized university,

Law admission examinations,

Training under practicing lawyer.

The conduct of lawyers in Canada is regulated by the Professional Order of Lawyers (POL).

POL rules cover areas including:

Separate trust bank accounts for client fees,

Obligations of lawyers towards clients,

Performance of mandates.

Breaking these rules can result in the loss or suspension of a lawyer’s license.

Anyone charging a fee to give advice on immigration must be a member of one of the following:

Provincial or territorial law society

Chambre des notariés du Québec

Immigration Consultants of Canada Regulatory Council (ICCRC), which replaced the Canadian Society of Immigration Consultants (CSIC) in 2011.

The admission process for licensed immigration consultants in Canada is far less rigorous. Immigration consultants do not need the same education, nor are they scrutinized to the same standards.

A client not happy with a lawyer can raise a formal complaint with the POL, which has a fund to provide compensation for irregularities.

In Canada, this is not true.

Canada is a democracy with a government, legislature and judiciary acting independently. Ministers are held to account by parliament.

In immigration and other areas, the legislature gives the government power to apply the rules and laws which govern Canada’s people.

Applying the law requires discretion. A fundamental principle is that officials make decisions impartially and without outside influence.

Public officials face sanction if they are found to have not been impartial.

Private individuals face sanction just for claiming they can influence public officials.

Applicants should not work with anyone claiming to have government ties.

Canadian immigration laws and rules allow for the extensive discretion of immigration officers, exercised within precise limits.

A clear and concise application that addresses the key issues can be assessed more effectively, meaning visas are issued faster.

Examples

Skilled worker category

The skilled worker category has several jobs open to prospective immigrants without the need for a formal offer.

The visa officer must approve and score the candidate’s experience.

A lawyer will know the key points to highlight to maximize that score.

Business categories

Business categories require an applicant to have experience managing a company.

Different visa officers may reach different conclusions. One might conclude managing a large department of a company qualifies, another may not.

An experienced lawyer will know how to present experience effectively.

The Canadian immigration system is always changing to meet the policies of the government of the day.

Visa offices also have specific requirements, which are often not transparent. Success can depend on satisfying these requirements.

A lawyer with experience in Canadian immigration will address issues open to discretion in the application.

A lawyer will also highlight any issues with the assessment process, which are most often corrected without need for legal action.

The decision to move to Canada is life-changing for a family. A lawyer can help maximize the benefits of the decision and give guidance on issues arising once permanent residency is achieved.

Most of the large law firms in Canada do not provide immigration services. The area is generally covered by lawyers who practice independently.

Choosing a good lawyer requires research, and may include the following:

Referrals/References

This is the most reliable factor. Clients who have had a good experience will refer friends and relatives. A good lawyer should be able to put forwarded satisfied clients as references.

Specialization

Canadian immigration policy undergoes continuous change. A specialist, generally defined as having more than 10 years of full time experience, is more likely to be abreast of those changes.

Experience Some lawyers are vastly experienced. This does not automatically translate to expertise, but it is an important factor.

Contract This is required by all Professional Orders. You should receive a detailed written contract from your lawyer.

Funds in trust Applicants should make fees payable to the lawyer or law firm ‘in trust’. This is a condition demanded by Professional Orders. Client fees are held in a separate trust account monitored by the Professional Order. This provides a good indication the lawyer in question adheres to current rules. Applicants should be cautious about making any payment to a corporate entity, regardless of the recipient.

Initial assessments A lawyer should thoroughly outline the entire application process, in writing. The best known practices will do so at no charge.

Advertising

Some lawyers can be found through advertising. Potential clients should not use advertising alone in selecting a lawyer. Do more research first.

Internet

Lawyers will normally have websites to promote their services. Prominent lawyers may also have an established social media network. Look for lawyers who write regular content on sites with in-depth information and analysis. Steer clear of law firms with sites containing a small number of outdated pages and minimal information copied from the government. A lawyer’s expertise should come across on their site content. You may also find free assessments which offer an initial insight into your chances of success.